In France, the recent circular published by Bruno Retailleau, Minister of the Interior, marks a significant development in the country’s migration policy, in particular concerning the regularization of foreigners in an irregular situation. This new directive, which replaces the Valls circular of 2012, introduces more restrictive criteria.
Adopted in 2012 under the ministry of Manuel Valls, the circular Valls aimed to provide a more flexible and humanist framework for the regularization of undocumented people. It encouraged consideration of the individual and social situations of foreigners, allowing for example parents of children who have been in school for more than three years, young adults attending school in France or victims of domestic violence to regularize their status under certain conditions.
In 2023, this circular allowed 34,724 people to obtain a residence permitdistributed between regularizations for family reasons (22,167 cases), professional (11,525 cases) or students (around 1,000 cases). It was based on a policy described as “lucid and balanced”, which attempted to combine firmness and pragmatism in the face of economic realities and social issues of the country.
Immigration
News regarding professions in tension in France
The new requirements imposed by the Retailleau circular
The minister, taking a hard line on immigration, believes that “the exceptional admission route for residence is not the normal route for immigration and access to residence” and affirms that these regularizations must remain rare and exceptional. The Retailleau circular, applicable from January 2025, introduces modifications which aim to further restrict access to regularization. The main requirements include:
- An extended minimum duration of presence : While the Valls circular considered a presence of three years in France as sufficient to claim regularization for work reasons, the new directive raises this threshold to seven years as a “relevant integration index”.
- Strengthening integration criteria : Mastery of the French language becomes a key element of regularization, attested by a diploma or certification in language. Foreigners must also demonstrate their adherence to the “principles of the Republic”, such as secularism.
- Increased control of professional reasons : Undocumented workers must provide proof of employment corresponding to the list of shortage occupations, updated each year. Prefects are invited to rigorously verify the reality of jobs and to limit regularizations.
- Firmness on refusals : Any refusal of regularization must be accompanied by an Obligation to Leave French Territory (OQTF), underlining the ministry’s desire to reduce illegal immigration.
Bruno Retailleau justifies these measures by a desire to “control migratory flows” and to fight againstirregular immigrationwhich he considers to be a government priority.
Impacts on immigrants and economic sectors
Ces new rules considerably limit the possibilities of regularization for many immigrants, particularly those who cannot justify seniority or integration criteria. Families, students or workers, often well integrated into society, could find themselves in increased precariousness due to the impossibility of regularizing their status.
-According to associations such as the Federation of Solidarity Actors, these measures risk worsening the marginalisation undocumented immigrants, by depriving them of essential rights and further exposing them to precarious living conditions.
Immigration
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Tensions in professional sectors lacking labor
Sectors likehotel and catering industryconstruction or even health, which have a significant number of immigrant workerscould also be affected. Franck Delvau, president of the Union of Hotel and Catering Trades (UMIH) in Île-de-France, expressed his concerns: “If the prefects apply these new rules 100%, this will pose a problem. » He recalls that many cooks or waiters, often from immigrant backgrounds, are essential to the functioning of these sectors.
The Retailleau circular sparked divided reactions. The left-wing parties denounce an “inhumane” measure, with harsh criticism of a policy deemed too restrictive. For Antoine Léaument (LFI), this is “hypocrisy towards essential workers and integrated families”. On the right, some welcome these measures as a necessary response to the migration crisis, while in the center, voices call for a balance between firmness and pragmatism.
It is important to note that this circular, although further regulating the practices of prefectsdoes not change the law. It is based on the discretionary power of prefects, who can continue to adjust their decisions according to individual cases. According to Gwénaële Calvèsprofessor of public law, “this circular calls for greater severity, but margins of appreciation remain possible for particular situations. »
